Legal Opinion

Pyke v. Steunenberg

Idaho Supreme Court

Decided December 13, 1897PublishedCited by 19 opinions

APPEAL from District Court, Bingham County. Is tbe state board of examiners vested with judicial discretion? We submit that this board is clothed with judicial discretion and is part and parcel of the executive department of the state. Article 4 of the constitution is entitled “executive department” and defines the duties of the executive branch of the state government.

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APPEAL from District Court, Bingham County. Is tbe state board of examiners vested with judicial discretion? We submit that this board is clothed with judicial discretion and is part and parcel of the executive department of the state. Article 4 of the constitution is entitled “executive department” and defines the duties of the executive branch of the state government. Section 18 of said article 4 clothes the board with full power to examine all claims against the state, excepting salaries and compensation of officers fixed by law, and further provides that no claim against the state, except…

1Opinion of the CourtHuston, J.

Respondent filed in the district conrt for Bingham county a petition for a writ of mandate against the state board of examiners and the state auditor, commanding said board to audit and allow certain claims presented to said board of examiners, and upon which the board has neglected to act. The claims, as appears from the petition, were for supplies furnished to the state asylum for insane at Blaekfoot, and had been duly audited and allowed by the board of directors of said asylum, as required by law. Such claims were then presented to the state board of examiners, for their action thereon,…

2Cited by19 opinions

  1. Rich v. WilliamsIdaho Supreme Court · 1959
  2. Wilkinson v. StateUtah Supreme Court · 1913
  3. Utah Construction Co. v. State Highway CommissionWyoming Supreme Court · 1933
  4. Davis v. StateIdaho Supreme Court · 1917
  5. Wright v. CallahanIdaho Supreme Court · 1940

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